Contact in Spain
Spain: +34 932 20 44 40
UK: 0800 098 8033
US: +1 415 651 8449

Cost of Making a Will in Spain

Making a Will assures us that our wishes will be fulfilled once we are gone. It also avoids confusion and makes the division and distribution of your inheritance simpler and more economical.

For a foreign citizen with assets in Spain to avoid problems and expenses when distributing those assets it is therefore best to make a Will in Spain. Cost of making a Will in Spain is inexpensive and assures that the subsequent distribution of assets is as simple as possible, avoiding many problems.

The ability of a foreign citizen to choose which law applies to their inheritance was made possible by the entry into force of the European Inheritance Regulation (R650 / 2015 Regulation (EU) no. 650/2012 of the European Parliament and Council, of July 4, 2012). This regulation came into force on August 17, 2015. Since that date, every foreign citizen with habitual residence in Spain should consider the possibility of choosing the national law of their own country as the governing law of their succession. Why?

The answer is simple: the regulation provides, as a general default rule, that in the event of the death of a foreigner in Spain (or in another member state covered by the Regulation), the law of the country of their last habitual residence at the time of death will apply (art. 21.1 RES). A good example that shows the importance of deciding which national law will be applicable is that of English citizens residing in Spain. In England there is absolute freedom to testify, so there are no legal limitations: the testator can leave his or her property to whomever he or she wants.

Therefore, if an English citizen dies in Spain without leaving a will in which he or she chooses that English law is applicable to his or her inheritance, then Spanish law will be applied for the division of the inheritance, and that will include the Spanish system of strict legal limitations. The result of inheritance under one legal system and under another is completely different. So, while a Spanish Will may well  cheaper, easier and simpler, you are advised to consider which law you will ultimately choose, and legal advice will be vital to assist you in this decision, do not consider this decision only based on the cost of making a Will in Spain.

Also  if you are a non-resident with assets in Spain, drafting a will in Spain is still the cheapest and easiest method of transmitting assets to beneficiaries.  The alternatives include using for example an Irish or British will (or codicil attached to an existing Will) which would have it’s own set-up costs and then would additionally need to be legalised (at the Department of Foreign Affairs of the appropriate country) as well as translated and then have lawyer and notary costs applied- see the number of hidden expenses abroad where cost of making a Will in Spain becomes interesting.

Or, if there is no Will, then Letters of Administration would be required which would be expensive to obtain, legalise and translate, plus the lawyer and notary charges in Spain and would in all likelihood delay the transmission of the estate beyond the time-limit provided under Spanish law, with fines and penalties being applied by the Spanish government as a result.

The costs of a Spanish Will vary across Spain as some localities insist on the presence of a Sworn Translator while others will accept the presence of the beneficiary’s English-speaking lawyer. In general terms a notary will charge between 60€ – 80€ per simple Will and a lawyer will charge between 150€ – 250€. If a Sworn Translator is required, then those costs will be in addition to the lawyer and notary costs.

You may be interested in the following service...

Client testimonials

"My lawyer was so helpful, very detailed and informative, and very responsive. She made a challenging situation much easier to handle. So glad to have found her!"

Sian Lloyd (Nov 22, 2021)

Will Drafting Service

Available in the following locations: Alcoy, Alicante, Arrecife, Barcelona, Benidorm, Cadiz, Castellon, Córdoba, El Campello, Estepona, Fuengirola, Gandia, Granada, Jaen, L`Eliana, La Manga del Mar Menor, Las Palmas, Los Alcázares, Los Cristianos, Madrid, Malaga, Marbella, Maspalomas, Mazarron, Murcia, Nerja, Orihuela Costa, Oviedo, Palma de Mallorca, Puerto del Rosario, Puzol, Seville, Torrevieja, Valencia, Velez Malaga, Vera, Vigo, Zaragoza.

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.

Location

1Who is this service for?

For anyone who wishes to control the manner in which their estate is distributed under their own laws rather than the laws of the State where their assets are located.

2What does this service consist of?

  • Obtain the details of the assets comprising the estate and instructions on how the estate should be distributed
  • The Will is drafted in both English and local language to ensure conformity with clients’ intentions
  • The Will is drawn-up in the office of a conveniently located public notary.
  • Attendance at the signing of the Will
  • Handover of an official copy of the Last Will and Testament
Support services

3Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.

Why choose Advocate Abroad?

AdvocateAbroad.com Message
Established more than
10 years ago
Present in 20
European Countries
Over 30,000 client enquiries
successfully managed